Author Archives: Hall

W.D.Mich.: Inmate can’t claim a medical condition and then refuse testing on 4A grounds

Plaintiff inmate claims to have an allergy. The prison wanted to draw blood to confirm. “Plaintiff has failed to state a claim that the Defendants violated his Fourth Amendment right to be free from unreasonable searches and seizures when they … Continue reading

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E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable

Some of the items seized under the warrant were named or were covered by plain view when the police got inside. Some are excludable, but they aren’t returned because the government intends to forfeit. United States v. Abdul-Latif, 2023 U.S. … Continue reading

Posted in Exclusionary rule, Forfeiture, Ineffective assistance, Overseizure, Scope of search, Waiver | Comments Off on E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable

DC: Search of probationer’s GPS monitor didn’t require a SW

Defendant was on GPS electronic monitoring while on probation. The search of his EM device to prove he was involved in a robbery was not unreasonable. Moreover, even if the probation department’s regulations were somehow violated, the exclusionary rule should … Continue reading

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D.D.C.: Even joint venture search in Dominican Republic of a Venezuelan citizen doesn’t violate 4A

Defendant is charged with hostage taking in the Dominican Republic. Trial starts next week. He is a citizen of Venezuela in the Dominican Republic, and the search there did not violate his Fourth Amendment rights since he had no connection … Continue reading

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CA5: No excessive force without a seizure; here, ptf told to “get back”

“At no point was D.J. prevented from leaving the scene—rather, he was repeatedly asked to do so, to ‘get back’ and move away while Deputy Moring was securing the perimeter. True, he was prevented from further approaching Perkins and Deputy … Continue reading

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E.D.Cal.: Possession of enough to be a MJ distributor was PC even in a legal use state

The stop was justified because the taillights were “smoked out” and one couldn’t adequately see them. During the stop, the officer smelled marijuana, but he didn’t act on that alone. He asked questions, saw the medical marijuana card, but he … Continue reading

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D.N.M.: Greyhound’s cooperation with the DEA doesn’t give rise to a 4A cause of action against it

Just because Greyhound cooperates with the DEA in Albuquerque doesn’t mean it can be sued there under the Fourth Amendment. Fernandez v. Greyhound Lines, Inc., 2023 U.S. Dist. LEXIS 211564 (D.N.M. Nov. 28, 2023). Homeless in Los Angeles likely had … Continue reading

Posted in § 1983 / Bivens, Good faith exception, Probable cause, Reasonable expectation of privacy, Search incident | Comments Off on D.N.M.: Greyhound’s cooperation with the DEA doesn’t give rise to a 4A cause of action against it

CA6: Recently discovered alleged Franks violation not sufficient for successor habeas petition

Even if there was a recently discovered Franks violation in the underlying search warrant affidavit that produced evidence against defendant, that doesn’t satisfy the standard for a successor habeas petition. In re Rooks, 2023 U.S. App. LEXIS 31471 (6th Cir. … Continue reading

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CT: SW mentioned in a police report wasn’t Brady information

An FBI 302 mentioned a search warrant, and all of this in context did not amount to a Brady violation. Reyes v. State, 2023 Conn. App. LEXIS 272 (Nov. 28, 2023). “We conclude, based on the record, that the district … Continue reading

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W.D.N.Y.: If feds never get property from state, no Rule 41(g) jurisdiction over it

Federal court has no Rule 41(g) jurisdiction over seized and held property by state officials never transferred to federal custody. United States v. Gonzalez, 2023 U.S. Dist. LEXIS 210395 (W.D.N.Y. Nov. 27, 2023). Defendant’s Franks challenge fails: “In conclusion, the … Continue reading

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TX7: Four county highspeed chase was RS

Defendant’s argument failed that a license plate reader hit couldn’t provide a basis for a stop when he went on a four county highspeed chase when the police tried to stop him. Landers v. State, 2023 Tex. App. LEXIS 8817 … Continue reading

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ND: It was unreasonable for police to think landowner who rented bedroom to another could consent to its search

Defendant stayed in a bedroom in another’s house, and he paid rent. It was unreasonable for officers to conclude that the homeowner could consent to search of the room. Also, the door to the room was closed when the police … Continue reading

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OH8: Extraterritorial stop by LEO doesn’t violate 4A, and exclusionary rule doesn’t apply to statutory violations

An extraterritorial stop by an officer does not violate the Fourth Amendment. The exclusionary rule doesn’t apply to statutory violations, here especially because of public safety concerns. City of Fairview Park v. Bowman, 2023-Ohio-4210, 2023 Ohio App. LEXIS 4047 (8th … Continue reading

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New Yorker: Does A.I. Lead Police to Ignore Contradictory Evidence?

New Yorker: Does A.I. Lead Police to Ignore Contradictory Evidence? by Eyal Press (“Too often, a facial-recognition search represents virtually the entirety of a police investigation.” Product manufacturers tout its 100% accuracy, but it is anything but. False arrests abound.)

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M.D.Ga.: Knock and talk limited to area immediately adjacent to front door

“The knock and talk exception has two limitations: (1) it is geographically limited to the front door or a ‘minor departure’ from it. … And (2) it no longer applies if an officer’s behavior ‘objectively reveals a purpose to conduct … Continue reading

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E.D.Tex.: You can’t remove a state criminal case to federal court to decide your search and seizure question

One can’t remove a state criminal case to federal court via habeas to decide his search warrant motions. Washington v. 5th Dist. Court of Texas, 2023 U.S. Dist. LEXIS 209404 (E.D. Tex. Oct. 10, 2023), adopted 2023 U.S. Dist. LEXIS … Continue reading

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N.D.Cal.: Passwords are protected by the Stored Communications Act

In civil case for evidence production brought in San Francisco to aid litigation in Ontario, Canada. the court holds that account passwords are protected by the Stored Communications Act and there was no consent to disclosure. In re Path Network, … Continue reading

Posted in Computer and cloud searches, Plain view, feel, smell, Private search, Probable cause, Stored Communications Act | Comments Off on N.D.Cal.: Passwords are protected by the Stored Communications Act

NY: Stop of man on bike without RS was unreasonable

NYPD officers stopped defendant riding a bike in Queens. They asked him whether he was armed, and he admitted he was, so he was frisked and arrested. The stop lacked any reasonable suspicion, and the gun should have been suppressed. … Continue reading

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CT: IAC in cell phone search decided on lack of prejudice, not the merits

Defendant was convicted of accessory to murder. He claimed trial counsel was ineffective for not moving to suppress the 2013 search of his cell phone. Police sought a warrant for the phone, and the DA prepared it. While the papers … Continue reading

Posted in Arrest or entry on arrest, Consent, Ineffective assistance | Comments Off on CT: IAC in cell phone search decided on lack of prejudice, not the merits

CA5: Siccing police dog on woman in mental health crisis was excessive force; no crime involved

“Without any further attempts to subdue Sligh without the use of a dog bite, and without providing Sligh any warning that she may be subjected to a dog bite if she did not comply, Sutton sicced a dog on a … Continue reading

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